Geo. 3, c. 127; and in case the person so reputed to be in contempt shall No. 13. not be a peer, lord of parliament, or member of the House of Commons, a writ de contumace capiendo shall issue from his Majesty's said high court 2 & 3 Wm. of Chancery in England or in Ireland, as the case may happen to be, directed 4, c. 92. to the same persons to whom writs de excommunicato capiendo were by law returnable before the passing of the said act of parliament, and the same shall be returnable in like manner as the writ de excommunicato capiendo had been theretofore by law returnable, and shall have the same force and effect as the last-mentioned writ; and all rules and regulations not altered by the 53 Geo. 3, c. 127, particularly the provisions of the 5 Eliz. c. 23, shall extend and be applied to the said writ de contumace capiendo, and the proceedings following thereupon, as if the same were herein particularly repeated and enacted; and the proper officers of the courts of Chancery in England and Ireland are hereby authorized and required to issue such writ de contumace capiendo, accordingly; and all sheriffs, gaolers, and other officers in England and in Ireland, to execute the same, by taking and detaining the body of the person or persons against whom the said writ shall be so directed to be executed; and upon the due appearance of the party or parties so cited and not having obeyed as aforesaid, or the due submission of the party or parties so having committed a contempt in the face of the court, or otherwise, as hereinbefore is mentioned, the judge or judges of such ecclesiastical court, whether in England or in Ireland, as the case may be, shall pronounce such party or parties absolved from the contumacy and contempt aforesaid, and shall forthwith make an order upon the sheriff, gaoler, or other officer in whose custody he, she, or they shall be, in the form to the said act of the 53 Geo. 3, c. 127, annexed, for discharging such parties out of custody; and such sheriff, gaoler, and other officer shall, on the said order being shewn to him, as soon as such parties have discharged the costs lawfully incurred by reason of such custody and contempt, forthwith discharge them.

against England.

estates in

By s 2. In all cases which are or may be cognizable in any or either of the Process by said courts, when any persons who have or shall hereafter have privilege of sequestrapeerage, or are or shall be lords of parliament or members of the House of tion may Commons, and others who shall be domiciled or residing either in England issue in or in Ireland, have been ordered or required, by the lawful order or decree, cases of final or interlocutory, of any such court, to pay any sum or sums of money, contumacy after having been duly monished, shall refuse or neglect to comply with such monition, and to pay the sum or sums of money therein ordered to be paid by him or them, within the time and in the manner in any such order or decree mentioned or expressed, or a peer or lord of parliament or member of the House of Commons shall refuse or withhold obedience, or shall in any way neglect to perform or shall not perform any decree or order, final or interlocutory, of such courts as aforseaid, it shall be lawful for the judge or judges who shall have made such order or decree, or his or their successor or successors in office, to pronounce the person or persons so neglecting or refusing to comply with such order or decree contumacious and in contempt, and within ten days after such person or persons shall have been so pronounced contumacious and in contempt, to cause a copy of such order or decree, under the seal of the court, wherein the same shall have been made, or under the hand or hands of such judge or judges, or one of them, to be exemplified, and certified to the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of England, whenever the person or persons so pronounced contumacious shall be domiciled or residing, or shall be seised or possessed of, or entitled to, any real or personal estate, goods, chattels, or effects, situate, lying, or being in England: and the lord chancellor, &c. of England, shall forthwith cause such copy of such order or decree, when it shall be presented to him, &c., so exemplified, to be inrolled in the rolls of the high court of Chancery in England, and shall thereupon cause process of sequestration to issue against the real

2 & 3 Wm. 4, c. 92.

Limitation of actions.

General issue.

Treble costs.

No. 13.

and personal estate, goods, chattels, and effects, in England, of the party ar parties against whom such order or decree shall have been made, in order to enforce obedience to and performance of the same, in the same manner and form, and with the like power and effect, as if the cause wherein such order or decree shall have been made had been originally cognizable by and instituted in the said court of Chancery in England, and as if all and every the process of the said court of Chancery in England ordinarily issuing in causes there pending antecedent to process of sequestration had been duly issued and returned in the last-mentioned court; and it shall and may be lawin for the said lord chancellor, lord keeper, or lords commissioners of the great seal in England, to make such order and orders in respect of or consequent upon such sequestration, or in respect of the real or personal estate, goods. chattels, or effects sequestrated by virtue thereof, as he or they shall from time to time think fit, or for payment of all or any of the monies levied a received by virtue thereof into the bank of England, with the privity of the accountant general of the said court of Chancery in England, to the cred and for the benefit of the party or parties who shall have obtained such orde or decree, if the same was for payment of money, or if not, to the credit of the high court of chancery; and the governor and company of the bank d England are hereby authorized and required to receive and hold all such monies, subject to the orders of the said court of Chancery; provided always, that no such monies shall be charged with or subject to poundag when the same shall be paid out by order of the said court.

By s. 3. The like provision is made with regard to persons possessing ra and personal estate in Ireland, mutatis mutandis.

By s. 4. These provisions are not to extend to any order or decree, or the refusing or neglecting to perform any order or decree, made more than s years before the passing of the act.

By s. 5. Any action or suit to be brought for any thing done in pursuanN of the act, shall be commenced within three calendar months next after the fact committed, and not afterwards, and shall be laid and tried in the city a county wherein the cause of action shall have arisen, and not elsewhere. and the defendant may plead the general issue, and give this act and th special matter in evidence, that the same was done in pursuance or by the authority of this act; and if the same shall appear to have been so dove, if any action shall be brought after the time limited, or laid in any othe city, county, or place than as aforesaid, then the judge shall find for th defendant; and upon such verdict, or if the plaintiff be nonsuited, or soft a discontinuance after the defendant or defendants shall have appeared, a if upon demurrer judgment shall be given against the plaintiff, the defenda shall have treble costs, and shall have such remedy for the same as a defendant hath for costs of suit in any other case by law.

SERVICE OF MONITION.—P. 697. In Hinxman v. Hinzman, Cita 1 Curt. 469, which was a proceeding to enforce the payment of aliment pendente lite; the party could not be personally served; the instrume was thereupon stuck up at the Royal Exchange, and on the chapel when Mr. Hinxman wasin the habit of officiating; and the court, upon consider: this, Mr. H. must have cognizance of the proceeding, pronounced him on tumacious, and a significat issued.

In Greenhill v. Greenhill, 1 Curt. 462, also a decree to pay alimony. T return of the officer was read, who stated, that he attended to serve the nition at A. Place, Marylebone; that the house was to be let furnished; & upon inquiry of a female in the service of Mr. Greenhill, he was informed was out of town, and would not return for six months, and that she did r know his place of abode in the country; that he read the monition to b

and left a copy; that he proceeded to Mr. G.'s solicitors, who told him he was not in London, but declined to give any information as to where he was, and that he left with them a copy of the monition. The court, Dr. Lushington, said, "that if he could see that the service had been really evaded, he should have no hesitation in pronouncing the party in contempt, and signifying it, but as the party had appeared on the monition, he should let the matter stand over till the next court day; in the mean time the party might take out a fresh monition. Another monition having been taken out, and it appearing by the return, that every attempt had been made to serve the monition, Mr. G. was pronounced in contempt, and the exemplification was directed to issue according to the act. 2 & 3 Wm. 4, c. 92; ante, 1013.

PROXY OF CONSENT.-P. 700. Where a proxy of consent has been given, and a sentence of a court of competent jurisdiction has been founded upon it, such sentence is conclusive; unless it can be strongly shewn that such proxy was obtained by fraudulent misrepresentation, concealment, or contrivance, or perhaps by surprise. Watkin and another v. Brent, 1 Curt. 264.

No. 14.

COSTS IN PROHIBITION.-P. 755. Where a new trial has been No. 15. granted without any mention of costs in the rule; the rule Hil. 2 Wm. 4, c. 64, directs, that the costs of the first trial shall not be allowed to the successful party, though he succeed on the second; this applies to prohibition as well as to other cases, though the 1 Wm. 4, c. 21, s. 1, gives "the costs attending the application, and subsequent proceedings." Therefore, where the master, on taxation, had refused to allow any costs for the first trial, or for shewing cause against the rule for the second, and the costs of the first trial were not mentioned in the rule, the court refused to direct the master to review his taxation.

LETTERS OF REQUEST.-P. 790. Letters of request go from the commissary of Buckingham direct to the court of Arches, and not to the chancellor of the diocese of Lincoln. Taylor v. Morley, 1 Curt. 481.

No. 16.

VISITATION.-P. 894. By 6 & 7 Wm. 4, c. 77, and by several orders in No. 17. council, made under the authority of that act, certain portions of dioceses were transferred to new jurisdictions, and became portions of other dioceses. By 1 & 2 Vict. c. 108, s. 3, it was provided, that nothing in the first act should prevent the visitations of bishops, or archdeacons, within their dioceses or archdeaconries; but that they might do all things by custom, appertaining to their jurisdiction and authority, in the places assigned to their jurisdiction and authority, under and by virtue of the first mentioned act; and any bishop might consecrate a new church, chapel, or burial ground within his diocese, so assigned. By s. 9, it was further provided, that every bishop to whom any portion of another diocese shall have been transferred, shall during his visitation of such portion of his diocese so transferred, be assisted by his own chancellor or commissary, and attended by his own registrar: and that during any such visitation, the chancellor or commissary aforesaid, shall, in the name of such bishop, and in conformity with the usages observed in such diocese, inhibit all inferior and concurrent jurisdiction, receive presentments, admit churchwardens to their offices, issue marriage licenses, grant probates of wills, and letters of administration to the effects of intestates, and exercise in every respect the same jurisdic

No. 18.

tion, which the chancellor or commissary of any preceding bishop has erercised in such portion of his diocese so transferred, pending the visitation of the diocesan, and the duration of any inhibition which may have issued in consequence of such visitation, anything in the last recited act to the contrary notwithstanding; and that all acts which have been, or shall be done by any chancellor or commissary, so assisting such bishop as afore said, shall be taken to be good and valid in law, to all intents and purposes whatsoever. This section was repealed by 2 & 3 Vict. c. 9.

The provision by section 3, was further continued by 2 & 3 Vict. c. 55, &.4.

WILLS.-P. 934. In Tagart v. Hooper, 1 Curt. 292. The doctrine that a codicil, not dependent upon a will, is not revoked by the destruction of non-appearance of the will, to which it was originally added as a codicil, it appear that it was not intended by the testator that the codicil should be contingent on the existence of the will, was recognised and confirmed.

INDEX.

Adjuncts-commission of, when granted, 44, n. a.
Administration, in what court granted, vid. bona notabilia, 967.
antiquity of ecclesiastical jurisdiction, 946.

husband entitled to of right under 29 Car. 2, c. 3, 259.
cases under 21 Hen. 8, c. 5.

granted to widow or next of kin, 949.
next of kin at time of the death, 950.

usual to prefer widow, 950.

not so, if no interest in personal estate, 951.

nor, if she has misconducted herself, 951.

or, has been divorced, 951.

no objection that she has re-married, 951.

semb. a marriage in fact sufficient in case of a widow,
951.

supposed ground of distinction between her and husband,
who is to prove his right strictly, 951, n. a.

to next of kin, 951.

who are next in proximity, 952.

several in equal degree, court looks to interest of
estate, 952, 953.

majority of interests, 953.

next of kin bankrupt, 953.

creditor on estate, 953.

debtor to estate, 953.

bastard intestate; king ultimus hæres, 953.

intestate without relations, 953.

proof of relationship, 953.

next of kin cannot be compelled to take administration, 953.
to creditor, next of kin refusing, 954.

trustees of creditors, 954.

notice to next of kin by creditor, 954.

what required, 955.

to persons without interest, 955, 956.

joint, 956.

in what cases, 956.

cum testamento annexo, 957.

not within 21 Hen. 8, c. 5, except where the executor refuses

to act, 957.

other cases in discretion of ordinary, 950, 957.

residuary legatee preferred, 957.

the ordinary looks to the interest, 957.